Terms and Conditions

 

OVERVIEW
This website is operated by Marstek Energy. Throughout the document, the terms “we”, “us”, and “our” refer to Marstek Energy. Marstek Energy offers this website, including all information, tools, and services available on this site, to you, the user, on the condition that you accept all the terms, policies, and notices listed herein.

By visiting our website and/or purchasing products or services, you agree to our “services” and agree to be bound by the following terms of use (“terms of use”, “conditions”), including any additional terms and policies referenced herein and/or available by hyperlink. These terms of use apply to all users of the website, including but not limited to browsers, vendors, customers, merchants, and/or content creators.

Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the website, you agree to these terms of use. If you do not agree with all the terms of this agreement, you may not access the website or use the services. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.

Any new features or tools added to the current shop are also subject to the terms of use. The current version of the terms of use can be viewed at any time on this page. We reserve the right to update, change, or replace any part of these terms of use through updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use or access to the website after the posting of changes constitutes acceptance of those changes.

Our shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.

SECTION 1 - TERMS OF THE ONLINE STORE
By agreeing to these terms of use, you declare that you are at least the age of majority in your state or province, or that you have reached the age of majority in your state or province and have given us your consent to allow minor dependents to use this website.
You may not use our products for illegal or unauthorized purposes and may not violate any laws in your jurisdiction while using the service (including, but not limited to, copyright laws).
You may not transmit any worms, viruses, or destructive codes.
A breach of the terms will result in the immediate termination of your services.

SECTION 2 - GENERAL TERMS
We reserve the right to refuse services at any time for any reason.
You understand that your content (except for credit card information) may be transmitted unencrypted and may (a) involve transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, the use of the service, or access to the service or contacts on the website through which the service is provided, without our express written permission.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We assume no responsibility if information on this website is not accurate, complete, or current. The materials on this website are for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any reliance on the materials on this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to change the content of this website at any time, but we are not obligated to update information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices for our products may change without prior notice.
We reserve the right to change or discontinue the service (or any part of it) at any time without notice.
We are not liable to you or third parties for changes, price changes, suspensions, or the discontinuation of the service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy [RÜCKERSTATTUNGSRICHTLINIE].
We have made every effort to display the colors and images of our products that appear in the shop as accurately as possible. However, we cannot guarantee that the color representation on your computer monitor is accurate.
We reserve the right to limit the sale of our products or services to any person, geographic region, or jurisdiction, but we are not obligated to do so. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel the quantity purchased per person, per household, or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you using the email address and/or billing address/phone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers as well as their expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please see our return policy: [RÜCKERSTATTUNGSRICHTLINIE].

SECTION 7 - OPTIONAL TOOLS
We may provide you access to third-party tools that we neither monitor nor control nor influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for any liability arising from or related to your use of third-party optional tools.
Any use by you of optional tools made available through the website is at your own risk and discretion, and you should ensure that you are aware of and accept the terms under which the tools are provided by the respective third parties.
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these terms of use.

SECTION 8 - LINKS FROM THIRD PARTIES
Certain content, products, and services available through our service may include materials from third parties.
Links from third parties on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for the investigation or evaluation of the content or accuracy and do not warrant or assume any liability or responsibility for materials or websites of third parties or for any other materials, products, or services of third parties.
We are not liable for any damages or injuries related to the purchase or use of goods, services, resources, content, or other transactions conducted in connection with third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send certain specific submissions (e.g., contest entries) in response to our request or submit creative ideas, suggestions, plans, or other materials online, via email, by mail, or otherwise without a request from us (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate, and use in any medium the Comments you submit to us at any time without limitation. We are and shall remain under no obligation: (1) to treat Comments as confidential; (2) to pay compensation for Comments; or (3) to respond to Comments.
We may, but are not obligated to, monitor, edit, or remove content that we deem to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or that violates intellectual property or these terms of use.
You agree that your comments do not violate the rights of third parties, including copyrights, trademark rights, privacy, personality rights, or other personal or proprietary rights. You further agree that your comments do not contain defamatory or otherwise unlawful, abusive, or obscene material or contain a virus or other malware that could affect the functionality of the service or any associated website in any way. You may not use a false email address, impersonate any person or entity, or mislead us or third parties about the origin of your comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and no liability for comments posted by you or any third parties.

SECTION 10 - PERSONAL DATA
The transmission of personal data by the shop is subject to our privacy policy, which you can view here: [Privacy].

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our website or the service may contain information that includes typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times, and availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information in the service or on any associated website is inaccurate at any time without prior notice (including after you have placed your order).
We assume no obligation to update, change, or clarify information in the service or on any associated website, including but not limited to pricing information, unless required by law. No set update or refresh date applied to the service or any associated website should be interpreted as having changed or updated all information in the service or on any associated website.

SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the terms of use, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to engage in unlawful acts; (c) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others; (f) to submit false or misleading information; (g) to upload or transmit viruses or other harmful code; (h) to collect or track the personal information of others; (i) for spam, phishing, pharming, or other similar activities; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the service or any related website. We reserve the right to terminate your use of the service or any related website if you violate prohibited uses.

[RÜCKERSTATTUNGSRICHTLINIE]
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may remove the service from time to time for indefinite periods or terminate the service at any time without prior notice.
You expressly agree that your use of the service or your inability to use the service is at your own risk. The service and all products and services provided to you through the service are provided (unless expressly stated by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Marstek Energy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, data losses, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or the products obtained through the service or from any other claims related to your use of the service or a product, including, but not limited to, any errors or omissions in any content or any losses or damages of any kind incurred as a result of the use of the service or any content (or products) posted, transmitted, or otherwise made available via the service, even if advised of the possibility thereof. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Marstek Energy and our parent company, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorney's fees, made by any third party due to or arising out of your violation of these Terms of Use or the documents incorporated herein or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY CLAUSE
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these Terms of Use. Such a determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive for all purposes after the termination of this agreement.
These terms of use shall remain in effect as long as they are not terminated by you or us. You may terminate these terms of use at any time by informing us that you no longer wish to use our services, or if you cease using our website.
If we determine in our sole discretion that you have failed to comply with any condition or provision of these terms of use or we suspect that you have done so, we may terminate this agreement at any time without notice, and you will remain responsible for all amounts due up to and including the termination date. We may accordingly deny you access to our services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.
These terms of use and any policies or operating rules published by us on this website or in connection with the service constitute the entire agreement and understanding between you and us and govern your use of the service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the terms of use).
Any ambiguities in the interpretation of these terms of use shall not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW
These terms of use and all separate agreements under which we provide you services are governed by the laws of the United States and will be interpreted in accordance with them.

SECTION 19 - CHANGES TO THE TERMS OF USE
The current version of the terms of use can be viewed at any time on this page.
We reserve the right to update, modify, or replace parts of these terms of use at our discretion through updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use or access to our website or the service after the posting of changes to these terms of use constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions regarding the terms of use should be directed to us. Our contact information can be found below:

Marstek GmbH

Wiesenstr. 21 40549, Düsseldorf

support@marstek.com